- 9 - 27, 33 (1983), affd. without published opinion 747 F.2d 1463 (5th Cir. 1984). In a situation such as theirs, where a shareholder actively participates in the trade or business of an S corporation, petitioners contend that the distinction between the business of the S corporation and its shareholder is an "absolute fallacy". No doubt, due to the extent of their participation in the businesses of the S corporations, petitioners sincerely considered the businesses of the S corporations to be one and the same as petitioner's. They argue that the use of the word "by" as opposed to "as" in the first sentence of section 1402(a) suggests that if an individual actively participates in the conduct of a business and derives income therefrom, the form of the business is "irrelevant" in determining whether such income constitutes net earnings from self-employment. Petitioners suggest that for purposes of sections 1401 and 1402 a shareholder who is a passive investor in an S corporation should be treated like a limited partner whose distributive share of partnership income and losses are not considered net earnings from self- employment. Conversely, they argue that a shareholder who actively participates in the conduct of an S corporation's business should be treated like a sole proprietor or a general partner whose distributive share of the partnership income and losses is considered net earnings from self-employment.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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